Arrested for Possession of Fake or Counterfeit Controlled Dangerous Substance (“CDS”)?

You may be shocked to learn that it is a felony offense in New Jersey to possess, attempt to possess, and/or distribute a substance that is believed to be some type of controlled dangerous substance.  The thought behind the law is that someone should not be afforded consideration from prosecution for an indictable crime where it is their intention to purchase a scheduled drug or create the impression that they possess or have the ability to sell such a material. Given the penalties associated with possession of a fake or simulated drug, such a charge needs to be taken extremely serious.

The lawyers at our firm, the Pagliara Law Group can provide you with experienced guidance if you were arrested for a counterfeit drug offense. 

New Jersey Law & Penalties: Possession or Distribution of an Imitation Drug

The state has drafted a specific law that prohibits an individual from possessing or distributing any material that is purportedly an illegal drug. In this regard, N.J.S.A. 2C:35-11 makes it illegal for anyone to possess or distribute a substance that is not a controlled dangerous substance but which the person expressly or impliedly represents to be such a substance or under circumstances that would lead a reasonable person to believe that the substance is CDS.

The law outlines three scenarios that constitutes evidence of a violation of N.J.S.A. 2C:35-11:

1. Packaging of a substance in a manner that would normally be used for the unlawful distribution of an illegal drug;
2. The attempt or actual distribution of a simulated substance along with a demand for money or consideration; and
3. Possessing or distributing a substance whose physical appearance is substantially the same as a form of controlled dangerous substance.

A violation of this section is a third-degree crime punishable by a term of imprisonment of up to five (5) years. The monetary penalty that may be imposed is up to $200,000 as opposed to the normal maximum for a third-degree drug offense of $35,000. As with any CDS conviction, a six month to two year mandatory drivers license suspension is also applicable.

A complimentary initial consultation with one of our attorneys can be scheduled at any of our offices.